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Pesachim 98

***************GIRSA SECTION********************
We recommend using the textual changes suggested by the Bach, Rav B. Rensburg and the parenthetical marginal notes of the Vilna Shas. This section is devoted to any *OTHER* changes that we feel ought to be made in Gemara, Rashi or Tosfos.)

[1] Rashi 98b DH Hu Ochel Imahen [right column, near the bottom]:
The words "Harei Nimshach Min ha'Rishon" are the last words in this Dibur
ha'Maschil. The words "v'Chazar Bo mi'Shelichuso" are part of another Dibur
ha'Maschil that was omitted from the printed editions. The omitted Dibur
ha'Maschil is, "*v'Ein Yadu'a Chulei (etc.) v'Hu Eino Ochel Imahen Shema
Shelo Nishchat Rishon* v'Chazar Bo mi'Shelichuso." (Dikdukei Sofrim #400)

(a) A person may offer a Korban in the Beis ha'Mikdash as a voluntary sacrifice, as it states in Vayikra 1:2. Voluntary Korbanos may be Olos (which are burned entirely on the Mizbe'ach, see Vayikra 1:2-17, 6:1-6), Shelamim (parts of which are eaten, see Vayikra 3:1-17, 7:11-21, 7:28-37) or Menachos (flour offerings, see Vayikra 2:1-13, 6:7-11, 7:9-10).
(b) When a person states, "I pledge an Olah," without singling out a specific animal, his pledge is called a Neder. When he sets aside an animal with which to fulfill his pledge, and the animal gets lost or dies, he must bring another in its place. If he states, "*This* animal is an Olah," his pledge is called a Nedavah. If the animal gets lost or dies, he has no obligation to bring another in its place.
(c) There is a dispute among the Tana'im as to whether voluntary sacrifices may be offered on Yom Tov, as is recorded in Beitzah 19b. The Tana'im that state that they may be offered argue that: 1. since parts of Shalmei Nedavah are eaten, the Melachos necessary for offering them on Yom Tov are permitted, just as cooking is permitted for the preparation of food. 2. According to some (see RASHI Beitzah 19a DH Aval Lo Olos), even Olos Nedavah may be offered because the person who offers them benefits from them by increasing the glorification of HaSh-m. Therefore, slaughtering Olos falls under the category of mi'Toch she'Hutrah l'Tzorech, Hutrah Nami she'Lo l'Tzorech Ochel Nefesh (since they may be slaughtered for a slight Tzorech Hedyot (layman's use), they may be slaughtered even though no preparation of food is involved). (Alternatively, the extra word "la'HaSh-m" (Vayikra 23:41) was written specifically to include offering Nedarim and Nedavos on Yom Tov -- Beitzah 19a, 20b).
(d) The Tana'im that state that they may *not* be offered on Yom Tov rule that even Shalmei Nedavah may not be offered (and certainly not Olos Nedavah) since: 1. they are not considered Tzorech Hedyot at all. Korbanos are brought l'Tzorech Gavo'ah (for supernal use), and the layman only receives his share from on high. Melachos that are performed *solely* l'Tzorech Gavo'ah are not permitted on Yom Tov, since the verse (Shemos 12:16) states "Lachem" (TOSFOS Shabbos 24b DH Lefi). 2. Alternatively, since the verse (Vayikra ibid.) states "v'Chagosem," only Korbanos such as the Chagigah may be offered. The Chagigah has a set time at which it may be offered. Nedarim and Nedavos, which may be offered on any day, may not be offered on Yom Tov (RASHI Beitzah 20b DH mid'Oraisa)
(e) All of the above reasons follow the opinion of Beis Hillel. According to Beis Shamai, Nedarim and Nedavos certainly may not be offered on Yom Tov (Mishnah Beitzah 19a)

2) [line 13] ANINUS(The Halachic status of a mourner immediately after a close relative's death)
(a) A person is called an Onen mid'Oraisa on the day of death of one of his seven closest relatives for whom he is required to arrange for burial (i.e. father, mother, brother, sister, son, daughter and wife). Chazal (Zevachim 101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom, ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to an Onen is that a Kohen Onen is prohibited from doing the Avodah (divine service) in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, an Onen may not eat Kodshim, Terumah and Ma'aser Sheni.
(b) Besides the prohibition against an Onen performing the Avodah, eating Kodshim, etc. *mid'Oraisa*, the Rabanan extended the prohibitions even after Aninus mid'Oraisa has passed. However, the Tana'im and Rishonim argue as to the nature of this Gezeirah. They also argue as to whether Aninus mid'Oraisa always applies for the entire day or for part of the day in certain cases. With regard to these questions, Aninus may be broken into five time periods, as follows:

1. The day of death, before burial - according to all opinions Aninus mid'Oraisa applies, as above.
2. The day of death, after burial - according to Rashi (Pesachim 90b DH ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to the Ramban (Toras ha'Adam) Aninus mid'Oraisa still applies.
3. The night after the day of death (according to Rashi in #2, before burial; according to Ramban in #2, even after burial) - the Tana'im argue if the Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most of the Rishonim rule that the Aninus is not mid'Oraisa but rather mid'Rabanan.
4. The days after the day of death, even if the body has not been buried - Aninus only applies mid'Rabanan (Zevachim 100b) until the end of the day of burial. Also on the day of "Likut Atzamos" (when the remains of one of the close relatives are exhumed and re-buried elsewhere), the Rabanan decreed that the person is an Onen for that entire day.
5. The night after the day of burial - the Tana'im (Zevachim 100b) argue whether the person is an Onen mid'Rabanan or not at all, and the Halachah follows the opinion that he is not an Onen at all.

(a) Every Korban has specific Halachos with regard to when, where and by whom it may be eaten. Some are eaten on the day that they are slaughtered and the following night, while others are eaten for two days and the night in between. Some may be eaten in all of Yerushalayim, while others must be eaten only in the Azarah (courtyard of the Beis ha'Mikdash). Some may be eaten by any Jew, while others may only be eaten by the Kohanim.
(b) If we have a doubt with regard to an animal that is at hand, as to which Korban it is (e.g. if certain Korbanos got mixed up), the animal can be offered conditionally. This applies when the Halachos in (a) above are equal for the different types of Korbanos (and the process of their sacrifice is also equal). For example, if a Chatas stands before us and we are unsure as to whether it was designated for a certain woman or for another, we may offer the animal for whomsoever in reality it belongs. If it was meant for the first woman, she has fulfilled her obligation. If it was meant for the second woman, *she* has fulfilled *her* obligation. (This example is specific to women, who are not required to do Semichah (see Background to Pesachim 96:10). Men, however, are obligated to do Semichah, which may only be done by the owner, so the option of offering it for "whomsoever" is not available -- RAMBAM Hilchos Pesulei ha'Mukdashin 6:4).
(c) If, however, we are in doubt as to whether an animal was designated as one of two *types* of Korbanos which have different Halachic requirements for eating, the Chachamim rule that we may not offer the animal l'Chatchilah conditionally, because this would cause its opportunity to be eaten to be reduced, possibly causing it to become Nosar (Pesachim 98b, Zevachim 75b). For example, if we are uncertain whether an animal is a Chatas or a Shelamim, if it is indeed a Shelamim, non-Kohanim may eat it, for two days and the night in between, in all of Yerushalayim. If it is a Chatas, only Kohanim may eat it, for one day and the night afterward, only in the Azarah. Since we have a doubt, we would be forced to be stringent and limit the time, people and place of its eating. This may cause the Korban to become Nosar, since there are now less people who may eat it in less time. For this reason, this Korban should not be offered l'Chatchilah. (Rebbi Shimon argues with the Chachamim and rules that it is better to limit the time people and place of its eating rather than to put it out to pasture, wait for it to develop a Mum (blemish) and redeem it.)

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